Punishment And Crime

RAY RECCHI

March 1, 1986|By Ray Recchi, Staff writer

All I did was walk a block from my office and over a bridge. The idea of bringing an interpreter didn`t even enter my mind.

Not until I had spent some time at the Broward County Courthouse, anyway. Not until I had been there long enough to realize I couldn`t understand the language. Oh, it sounded like English, all right. But different.

It wasn`t so much like visiting a foreign country as it was like stumbling into a parallel universe, where everything only seems to be the same. Upon closer scrutiny, however, you realize some basic factors like time and language are slightly skewed.

Having spent my entire career working in ``soft news`` departments, I previously had visited the courthouse only for jury duty, traffic tickets and to obtain licenses to drive and marry.

So when I crossed into that parallel universe to view the sentencing of Robert Michael Schippman, I wasn`t prepared. I became disoriented and confused.

Here`s what I knew: On Jan. 29, Schippman had been convicted on two counts of manslaughter while driving under the influence of alcohol. His victims were Tony and Elizabeth Kelly, both 46. They were driving down Sheridan Street in Hollywood at 9:21 p.m. on May 18 when Schippman, driving drunk at approximately 100 mph, slammed his Trans Am into the rear of their Jaguar. The Kellys` car was crushed, trapping them in the flaming wreckage.

I also knew that Schippman`s license had been suspended eight times, that Schippman previously had been convicted of drunken driving and put on probation and that, having been caught in violation of that probation, had been put on probation again two months before he killed the Kellys.

Even given all that, I was only mildly surprised to discover that the most serious charge that could be brought against him carried a sentence of only 15 years on each count.

But in that parallel universe of the courthouse where time is skewed, 15 years plus 15 years somehow comes out to a recommended sentence of 7 to 12 years according to something called ``sentencing guidelines.``

And as Judge Miette Burnstein and a packed courtroom listened to pleas from the Kellys` friends and children, a lawyer leaving the courtroom approached me in the hall and said: ``Why do they go through all this? It`s a low priority crime. It`s not even considered a crime of violence. He won`t do two years, no matter what you hear.``

So I went in as Judge Bernstein was explaining her options under the sentencing guidelines -- how Schippman was penalized so many points for this and so many points for that.

Tony and Elizabeth Kelly were worth . . . I believe it was 42 points.

They apparently weren`t worth extra points for having been high school sweethearts who had married young, worked hard and made a success of their lives. Or for having raised six children or because they had reached that time in life when they could begin to coast and enjoy the rewards of all their hard work.

The judge went on to say she couldn`t consider Schippman`s lack of remorse, his previous infractions and suspensions or even the fact that he was on probation for the same offense, because that already had been ``scored`` in the point system. But she said she could take into account ``extreme circumstances,`` such as the fact that Schippman was going 100 mph and that his blood alcohol level was measured at .23, more than twice the legal limit.

So she sentenced him to 17 years in prison and 13 years probation, during which time he is not supposed to drink or drive. In her universe, it was the best she could do.

For Schippman`s attorney, John Voigt, the sentence was too harsh. He plans to appeal it as ``excessive aggravation of the guidelines.`` He is only doing his job, of course, and would be at fault if he did less. The same could be said of the judge, witnesses and prosecutors.

But -- try to follow me now -- even that sentence doesn`t take into account the ``gain time`` and ``good time`` Schippman will get in prison. How else, after all, can we keep order in our overcrowded prisons without such incentives? Judge Bernstein explained all that, too.

Which means that, even though Schippman ignored eight suspensions and a drunken driving conviction, then violated parole and was given yet another chance -- the chance to kill Tony and Elizabeth Kelly -- he will be out in eight or nine years.

The child that Tim and Sue Kelly are expecting will be in second or third grade by then, and will know Grandma and Grandpa Kelly only by their pictures.

My children will be old enough to drive by then, too, and I`ll be about the same age the Kellys were when they were killed.

So while I think it`s too bad Robert Schippman is only 20, was beaten by his stepfather and had so many problems he felt he had to drink and drive, I think those of us who speak English have got to let the people in that parallel universe know we`d like the Robert Schippmans of this world to be treated like murderers.

I don`t know about you, but I`d rather see him in jail than in my rearview mirror.